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We've filed a lawsuit against GitHub Copilot

githubcopilotlitigation.com

131–140 of 824 posts

Re: We've filed a lawsuit against GitHub Copilot

#131

Earlier quoted context omitted.

I wrote that exact function the other day, and I've never even heard of that book.

Yep, same. Not in JS, but in Haskell, for the Even Fib project Euler problem. Something like a million people have submitted right answers for that problem and assuming half wrote their own filter rather than importing a isEven library then that's half a million people there.

You don't need to write your own or import a library for that in Haskell. It's in the Prelude.

Re: We've filed a lawsuit against GitHub Copilot

#132

Ask HN: I want to modify the BSD 2-Clause Open Source License to explicitly prohibit the use of the licensed software in training systems like Microsoft's Copilot (and use during inference). How should the third clause be worded? The No-AI 3-Clause Open Source Software License Copyright (C) All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided tha…

If I read this right, I can't use auto-complete. No thanks.

Re: We've filed a lawsuit against GitHub Copilot

#133
Maybe I'm being too cynical, but this feels like it's more a law firm and individual looking to profit and make their mark in legal history rather than an aggrieved individual looking for justice.

Programmer/Lawyer Plaintiff + upstart SF Based Law Firm + novel technology = a good shot at a case that'll last a long time, and fertile ground to establish yourself as experts in what looks to be a heavily litigated area over the next decade+.

Re: We've filed a lawsuit against GitHub Copilot

#134

The title of the submitted PDF document: "Microsoft Word - 2022-11-02 Copilot Complaint (near final)"[0] I've noticed this a lot and it's quite funny seeing what the actual filename of the document was. Does this just get included as metadata by default when you export to PDF? [0] https://githubcopilotlitigation.com/pdf/1-0-github_complaint...

It does, yes. It’s very annoying and I have occasionally stripped it off of PDFs I’ve made, using exiftool.

Re: We've filed a lawsuit against GitHub Copilot

#135
post #47

On page 18, they show Copilot produces the following code: >function isEven(n) { > return n % 2 === 0; >} They then say, "Copilot’s Output, like Codex’s, is derived from existing code. Namely, sample code that appears in the online book Mastering JS, written by Valeri Karpov." Surely everyone reading this has written that code verbatim at some point in their lives. How can they assert that this code is derived specif…

> Surely everyone reading this has written that code verbatim at some point in their lives

Ironically their Twitter account uses a screenshot from a TV series as profile picture. I wonder how legal that is, even if meant as a joke.

https://twitter.com/saverlawfirm

Edit: It's been changed 2 minutes after I wrote this comment

Re: We've filed a lawsuit against GitHub Copilot

#137
post #86

As a non-lawyer, I am very suspicious of the claim that "Plaintiffs and the Class have suffered monetary damages as a result of Defendants’ conduct." Flagrant disregard for copyright? Sure, maybe. The output of the model is subject to copyright? Who knows! But the copyright holders being damaged in some what? Seems doubtful. The best argument I could think of would be "GitHub would have had to pay us for this, and th…

The common practice in copyright cases is to calculate damages based on the theoretical cost that the infringer would have paid if they have bought the rights in the first place. This method was used during the piratebay case to calculate damages caused by the sites founders. They did not actually calculate damages in terms of lost movie tickets or estimates vs actually sales number of sold game copies. When it came…

I believe there are statutory damages or penalties in many cases. At least with music and images.

Re: We've filed a lawsuit against GitHub Copilot

#138

Ask HN: I want to modify the BSD 2-Clause Open Source License to explicitly prohibit the use of the licensed software in training systems like Microsoft's Copilot (and use during inference). How should the third clause be worded? The No-AI 3-Clause Open Source Software License Copyright (C) All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided tha…

IANAL, and I'm no fan of copilot, but I wonder if this kind of clause (your #3) is going to fly: you're preemptively prohibiting certain kinds of reading of the code (when code is read by the ML model in training). But is that something a license can actually do? The legal footing that copyright gives you, on which licensing rests, certainly empowers you to limit things about how others may redistribute your work (an…

The license conditionally permits (i.e., controls) "redistribution and use in source and binary forms".

I think we can constrain use with the third clause.

My question is, how should we word that clause?

Re: We've filed a lawsuit against GitHub Copilot

#139
post #47

On page 18, they show Copilot produces the following code: >function isEven(n) { > return n % 2 === 0; >} They then say, "Copilot’s Output, like Codex’s, is derived from existing code. Namely, sample code that appears in the online book Mastering JS, written by Valeri Karpov." Surely everyone reading this has written that code verbatim at some point in their lives. How can they assert that this code is derived specif…

I wrote that exact function the other day, and I've never even heard of that book.

I'd hire a legal team if I were you, the injunction is on the way. /s

Re: We've filed a lawsuit against GitHub Copilot

#140

Earlier quoted context omitted.

Lawyers want $$$$.

Yeah I guess so. This website reads like bullshit bingo from some weird twitter dude trying to sell you his newest product: "AI needs to be fair & eth­i­cal for every­one. If it’s not, then it can never achieve its vaunted aims of ele­vat­ing human­ity. It will just become another way for the priv­i­leged few to profit from the work of the many." Blah blah. Can we get back to the hacking on stuff mentality?

Looks like that lawyer guy is not new on hacking stuff: https://matthewbutterick.com/

Not exactly the curriculum of a twitter weirdo.

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